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Title: PRESENTATION ON THE DIPLOMATIC IMMUNITIES AND PRIVILEGES AMENDMENT BILL


1
PRESENTATION ON THE DIPLOMATIC IMMUNITIES AND
PRIVILEGES AMENDMENT BILL
  • BY SANDEA DE WET
  • PRINCIPAL STATE LAW ADVISER (IL)
  • 29 AUGUST 2001

2
REASONS FOR AMENDMENT BILL
  • PARLIAMENT APPROVED SOUTH AFRICAS ACCESSION TO
    THE UNITED NATIONS CONVENTIONS ON PRIVILEGES AND
    IMMUNITIES OF THE UNITED NATIONS AND SPECIALIZED
    AGENCIES ON 26 AND 27 OF JUNE 2001
  • THERE IS A LEGAL OBLIGATION TO INCORPORATE THESE
    PROVISIONS IN SOUTH AFRICAN LEGISLATION

3
REASONS FOR AMENDMENT BILL
  • SOUTH AFRICA ACCEDED TO THE VIENNA CONVENTIONS ON
    DIPLOMATIC RELATIONS AND ON CONSULAR RELATIONS IN
    1989 WITHOUT ANY RESERVATIONS
  • A SELECTIVE INCORPORATION OF VIENNA CONVENTIONS
    ON DIPLOMATIC RELATIONS AND ON CONSULAR RELATIONS
    WAS HOWEVER MADE IN THE ACT
  • LEGAL OBLIGATION TO INCORPORATE ALL PROVISIONS OF
    THE VIENNA CONVENTIONS IN SOUTH AFRICAN
    LEGISLATION

4
REASONS FOR AMENDMENT BILL
  • APPLICATION OF IMMUNITIES AND PRIVILEGES TO
    INTERNATIONAL ORGANIZATIONS/ SPECIALIZED AGENCIES
    DONE WITHOUT PROPER LEGAL BASIS
  • APPLICATION OF IMMUNITIES AND PRIVILEGES TO
    INTERNATIONAL ORGANIZATIONS/ SPECIALIZED AGENCIES
    DONE ON AN AD HOC BASIS WITHOUT EQUALITY IN
    TREATMENT OF THE VARIOUS ORGANIZATIONS

5
REASONS FOR AMENDMENT BILL
  • INCREASING NUMBER OF INTERNATIONAL MEETINGS AND
    CONFERENCES HOSTED BY SOUTH AFRICA
  • NO PROVISION IN THE PRESENT ACT FOR THE GRANTING
    OF PRIVILEGES AND IMMUNITIES FOR PURPOSES OF SUCH
    MEETINGS AND CONFERENCES
  • EXCESSIVE ADMINISTRATIVE BURDEN WHEN GRANTING
    PRIVILEGES AND IMMUNITIES FOR THE PURPOSES OF
    SUCH MEETINGS AND CONFERENCES

6
REASONS FOR AMENDMENT BILL
  • ACT IS OUTDATED AS INTERNATIONAL RELATIONS GREW
    EXTENSIVELY SINCE 1989 WHEN ACT WAS PROMULGATED -
  • 110 DIPLOMATIC MISSIONS AND 56 CONSULAR OFFICES
    WERE ESTABLISHED
  • 18 OFFICES OF INTERNATIONAL ORGANIZATIONS/
    SPECIALIZED AGENCIES WERE OPENED
  • HOSTING OF INTERNATIONAL CONFERENCE AND MEETINGS
    SUCH AS UNCTAD, NAM, WCAR, WSSD,ETC

7
OBJECTIVES OF AMENDMENT BILL
  • BRING THE ACT IN LINE WITH SOUTH AFRICAS
    INTERNATIONAL OBLIGATIONS BY -
  • INCORPORATING CONVENTIONS ON PRIVILEGES AND
    IMMUNITIES OF UN AND SPECIALIZED AGENCIES IN
    SOUTH AFRICAN LEGISLATION
  • INCORPORATING ALL THE PROVISIONS OF THE
    CONVENTIONS ON DIPLOMATIC AND CONSULAR RELATIONS
    IN SOUTH AFRICAN LEGISLATION

8
OBJECTIVES OF AMENDMENT BILL
  • BRING THE ACT IN LINE WITH SOUTH AFRICAS
    INTERNATIONAL OBLIGATIONS BY -
  • HARMONIZING AD HOC PRACTICES AND EQUALITY IN
    TREATMENT OF THE VARIOUS INTERNATIONAL
    ORGANIZATIONS
  • PROVIDING FOR THE GRANTING OF IMMUNITIES AND
    PRIVILEGES WITH REGARD TO INTERNATIONAL MEETINGS
    AND CONFERENCES

9
OBJECTIVES OF AMENDMENT BILL
  • UPDATE THE ACT BY -
  • BRINGING EXISTING PROVISIONS IN LINE WITH
    PROVISIONS IN THE CONVENTIONS
  • DELETING DUPLICATIONS
  • CORRECTING CONTRADICTIONS
  • LESSEN THE ADMINISTRATIVE BURDEN

10
OVERVIEW OF PROPOSED AMENDMENTS
  • ARTICLE 1 - DEFINITIONS
  • MEMBER OF A FAMILY
  • ORGANIZATION
  • SPECIAL ENVOY OR REPRESENTATIVE
  • SPECIALIZED AGENCY
  • CONVENTIONS
  • ACT

11
DEFINITIONS
  • MEMBER OF FAMILY MEANS -
  • THE SPOUSE
  • UNMARRIED CHILD UNDER 21
  • UNMARRIED CHILD BETWEEN AGES OF 21 AND 23
    UNDERTAKING FULL TIME STUDIES
  • OTHER UNMARRIED CHILD OR FAMILY MEMBER OFFICIALLY
    RECOGNIZED BY SENDING STATE AND ISSUED WITH
    DIPLOMATIC /OFFICIAL PASSPORT

12
DEFINITIONS
  • ORGANIZATIONS MEANS -
  • INTERGOVERNMENTAL ORGANIZATION OF WHICH TWO OR
    MORE STATES ARE MEMBERS AND WHICH THE MINISTER
    HAS RECOGNIZED FOR THE PURPOSES OF THE ACT

13
DEFINITIONS
  • SPECIAL ENVOY/REPRESENTATIVE MEANS -
  • PERSON DULY AUTHORIZED BY SENDING STATE
  • UNDERTAKING A SPECIAL MISSION/TASK IN SOUTH
    AFRICA
  • USUALLY FOR A LIMITED PERIOD

14
DEFINITIONS
  • THIS ACT INCLUDES-
  • THE VIENNA CONVENTIONS ON DIPLOMATIC RELATIONS
    AND ON CONSULAR RELATIONS AND
  • THE CONVENTIONS ON THE IMMUNITIES AND PRIVILEGES
    OF THE UNITED NATIONS AND SPECIALIZED AGENCIES

15
SECTIONS 2, 3 AND 4
  • CLEAR DISTINCTION BETWEEN GRANTING OF IMMUNITIES
    AND PRIVILEGES TO -
  • DIPLOMATIC MISSIONS AND CONSULAR POSTS
  • HEADS OF STATE AND SPECIAL ENVOYS
  • UNITED NATIONS, SPECIALIZED AGENCIES AND
    ORGANIZATIONS
  • INTERNATIONAL CONFERENCES AND MEETINGS

16
SECTION 2
  • IMMUNITIES AND PRIVILEGES OF DIPLOMATIC MISSIONS
    AND CONSULAR POSTS AND MEMBERS THEREOF
  • VIENNA CONVENTIONS SHALL HAVE THE FORCE AND
    EFFECT OF LAW IN SOUTH AFRICA
  • VIENNA CONVENTION ON DIPLOMATIC RELATIONS APPLY
    TO DIPLOMATIC MISSIONS
  • VIENNA CONVENTION ON CONSULAR RELATIONS APPLY TO
    CONSULAR POSTS

17
SECTION 3
  • IMMUNITIES AND PRIVILEGES OF HEADS OF STATE AND
    SPECIAL ENVOYS/ REPRESENTATIVES
  • IMMUNE FROM CRIMINAL AND CIVIL JURISDICTION OF
    COURTS
  • ENJOY SUCH IMMUNITIES AND PRIVILEGES
  • IN TERMS OF CUSTOMARY INTERNATIONAL LAW
  • ANY AGREEMENT, OR
  • AS THE MINISTER MAY CONFER UPON HIM/HER BY NOTICE
    IN THE GAZETTE

18
SECTION 4
  • IMMUNITIES AND PRIVILEGES OF UNITED NATIONS,
    SPECIALIZED AGENCIES AND ORGANIZATIONS
  • CONVENTION ON PRIVILEGES AND IMMUNITIES OF THE
    UNITED NATIONS SHALL APPLY TO THE UNITED NATIONS
    AND ITS OFFICIALS IN SOUTH AFRICA AND
  • SHALL HAVE THE FORCE AND EFFECT OF LAW IN SOUTH
    AFRICA

19
SECTION 4
  • IMMUNITIES AND PRIVILEGES OF UNITED NATIONS,
    SPECIALIZED AGENCIES AND ORGANIZATIONS
  • CONVENTION ON PRIVILEGES AND IMMUNITIES OF THE
    SPECIALIZED AGENCIES SHALL APPLY TO THE
    SPECIALIZED AGENCIES AND ITS OFFICIALS IN SOUTH
    AFRICA AND
  • SHALL HAVE THE FORCE AND EFFECT OF LAW IN SOUTH
    AFRICA

20
SECTION 4
  • IMMUNITIES AND PRIVILEGES OF UNITED NATIONS,
    SPECIALIZED AGENCIES AND ORGANIZATIONS
  • ORGANIZATIONS OTHER THAN UN OR SPECIALIZED
    AGENCIES RECOGNIZED BY THE MINISTER
  • ENJOY IMMUNITIES AND PRIVILEGES AS DETERMINED IN
    ANY AGREEMENT OR
  • IF IT IS NOT EXPEDIENT TO CONCLUDE AN AGREEMENT
    AS MAY BE DETERMINED BY THE MINISTER AND
    PUBLISHED BY NOTICE IN THE GAZETTE

21
SECTION 4
  • IMMUNITIES AND PRIVILEGES PERTAINING TO
    INTERNATIONAL CONFERENCES AND MEETINGS -
  • FOR DURATION OF CONFERENCE/ MEETINGS
  • MINISTER TO RECOGNIZE CONFERENCE/ MEETING
  • AS SPECIFIED IN THE UN CONVENTION AND THE
    SPECIALIZED AGENCIES CONVENTION, OR
  • PROVIDED FOR IN ANY AGREEMENT
  • CONFERRED BY THE MINISTER BY NOTICE IN THE
    GAZETTE

22
SECTION 5
  • ANY AGREEMENT CONFERRING IMMUNITIES AND
    PRIVILEGES SHALL BE PUBLISHED BY NOTICE IN THE
    GAZETTE
  • IF NOT EXPEDIENT TO CONCLUDE AN AGREEMENT THE
    MINISTER MAY CONFER IMMUNITIES AND PRIVILEGES AS
    MAY BE SPECIFIED IN A NOTICE IN THE GAZETTE

23
REMAINING SECTIONS
  • PURPOSE OF AMENDMENTS REFLECTED IN REMAINING
    SECTIONS-
  • TO BRING THE SECTIONS IN LINE WITH PROVISIONS OF
    THE CONVENTIONS
  • TO DELETE ANY DUPLICATIONS
  • TO CORRECT ANY CONTRADICTIONS
  • TO LESSEN THE ADMINISTRATIVE BURDEN

24
SECTION 6
  • REPEAL SECTION 5 OF THE PRINCIPAL ACT ON
    PUBLICATION OF AGREEMENTS
  • THE BILL NOW GIVES FORCE AND EFFECT TO THE
    CONVENTIONS
  • NOT NECESSARY TO GIVE FORCE AND EFFECT BY
    PROCLAMATION
  • PUBLICATION IN A NOTICE FOR INFORMATION PURPOSES
    IS PROVIDED FOR

25
SECTION 7
  • REPEAL SECTION 6 OF THE PRINCIPAL ACT ON THE
    NON-APPLICATION OF IMMUNITIES AND PRIVILEGES
  • DUPLICATES ARTICLE 34 OF THE VIENNA CONVENTION ON
    DIPLOMATIC RELATIONS
  • DIFFERENT PROVISIONS APPLY TO MISSIONS AND
    INTERNATIONAL ORGANIZATIONS IN TERMS OF THE
    RESPECTIVE CONVENTIONS
  • PROVIDE FOR WAIVER OF IMMUNITIES AND PRIVILEGES
    TO BE DONE EXPRESSLY AND IN WRITING

26
SECTION 8
  • AMEND SECTION 7 OF PRINCIPAL ACT ON THE REGISTER
    OF PERSONS ENTITLED TO IMMUNITIES AND PRIVILEGES
    TO PROVIDE FOR THE INCLUSION OF PERSONS ENJOYING
    IMMUNITIES AND PRIVILEGES IN ACCORDANCE WITH
  • THE UN CONVENTION AND
  • THE CONVENTION ON SPECIALIZED AGENCIES

27
SECTION 9
  • REPEAL SECTIONS 8 AND 9 OF THE PRINCIPAL ACT.
    SECTION 8 ON EXEMPTION FROM TAXATION
  • DUPLICATES ARTICLE 34 OF THE VIENNA CONVENTION ON
    DIPLOMATIC RELATIONS
  • DIFFERENT PROVISIONS APPLY TO MISSIONS AND
    INTERNATIONAL ORGANIZATIONS IN TERMS OF THE
    RESPECTIVE CONVENTIONS
  • PROVISION OF RECIPROCITY NON APPLICABLE TO
    INTERNATIONAL ORGANIZATIONS

28
SECTION 9
  • REPEAL SECTION 9 OF PRINCIPAL ACT ON EXEMPTION OF
    GOVERNMENTS, ORGANIZATIONS AND INSTITUTIONS IN
    RESPECT OF IMMOVABLE PROPERTY
  • NO NEED FOR PROVISION
  • PRINCIPLE OF EQUITY IN TREATMENT AND NOT
    RECIPROCITY APPLICABLE
  • PROVISIONS OF THE CONVENTIONS APPLY

29
SECTION 10
  • AMENDMENT OF SECTION 11 OF PRINCIPAL ACT ON
    ADJUSTMENT OF LOSS OF REVENUE TO LOCAL
    AUTHORITIES AND STATUTORY PUBLIC UTILITY
    ORGANIZATIONS
  • INCIDENTAL AMENDMENT TO DEAL WITH THE REPEAL OF
    SECTIONS 8 AND 9 OF THE PRINCIPAL ACT

30
SECTION 11
  • SECTION 12 OF THE PRINCIPAL ACT ON THE
    RECOGNITION OF CERTAIN BUILDINGS IS REPEALED
  • DISCRETION NEVER EXERCISED UNDER THIS PROVISION
  • NOT NECESSARY TO HAVE THIS PROVISION
  • COSTLY TO IMPLEMENT

31
SECTION 12
  • AMENDMENT OF SECTION 14 OF THE PRINCIPAL ACT ON
    ACQUISITION, CONSTRUCTION, RELOCATION,
    RENOVATION, REPLACEMENT, EXTENSION OR LEASE OF
    IMMOVABLE PROPERTY IN THE REPUBLIC
  • TO INCLUDE UNITED NATIONS, SPECIALIZED AGENCIES
    AND ORGANIZATIONS
  • TO ADD THE REQUIREMENT THAT THE PROPERTY HAS BEEN
    RECOGNIZED FOR THE USE OF EMBASSIES,
    CHANCELLERIES, OFFICES

32
SECTION 13
  • SECTION 15 OF THE PRINCIPAL ACT ON LIABILITY
    INSURANCE REQUIREMENTS
  • INCIDENTAL AMENDMENT TO INCLUDE ALL PERSONS WHO
    ENJOY IMMUNITIES AND PRIVILEGES UNDER THE ACT

33
SECTION 14
  • REPEAL OF SECTION 16 OF THE PRINCIPAL ACT ON
    APPLICATION OF IMMUNITIES AND PRIVILEGES TO AND
    CONFERMENT THEREOF UPON SOUTH AFRICAN CITIZENS OR
    PERMANENT RESIDENTS OF THE REPUBLIC-
  • PROVISIONS OF THE CONVENTIONS APPLY
  • SOUTH AFRICAN CITIZENS WHO ARE OFFICIALS SHALL
    ENJOY FUNCTIONAL IMMUNITIES (ARTICLE 38 OF VIENNA
    CONVENTIONS ON DIPLOMATIC RELATIONS AND ARTICLE
    71 OF CONSULAR RELATIONS, ARTICLE V OF UN
    CONVENTION AND ARTICLE VI OF SPECIALIZED AGENCIES
    CONVENTION

34
SECTION 14
  • REPEAL OF SECTION 16 OF THE PRINCIPAL ACT ON
    APPLICATION OF IMMUNITIES AND PRIVILEGES TO AND
    CONFERMENT THEREOF UPON SOUTH AFRICAN CITIZENS OR
    PERMANENT RESIDENTS OF THE REPUBLIC-
  • OFFICIALS ARE EXEMPTED FROM TAXATION ON SALARIES
    PAID BY THE UNITED NATIONS/SPECIALIZED AGENCIES
    (ARTICLE V OF UN CONVENTION AND ARTICLE VI OF
    SPECIALIZED AGENCIES CONVENTION
  • SOUTH AFRICA RECEIVES AN EQUIVALENT AMOUNT TO THE
    TAX EXEMPTION BACK IN THE FORM OF A DEDUCTION
    FROM ITS MEMBERSHIP DUES PAYABLE TO THE UNITED
    NATIONS

35
SECTION 14
  • REPEAL OF SECTION 16 OF THE PRINCIPAL ACT ON
    APPLICATION OF IMMUNITIES AND PRIVILEGES TO AND
    CONFERMENT THEREOF UPON SOUTH AFRICAN CITIZENS OR
    PERMANENT RESIDENTS OF THE REPUBLIC-
  • OFFICIAL MEANS MEMBERS OF THE UN STAFF, BUT
    NOT THOSE WHO ARE RECRUITED LOCALLY ( GENERAL
    ASSEMBLY RESOLUTION 76(1) OF 1946

36
SECTION 14
  • REPEAL SECTION 17 OF PRINCIPAL ACT ON LEGAL
    PERSONALITY OF CERTAIN ORGANIZATIONS AND
    INSTITUTIONS
  • PROVISION IS NOW REFLECTED IN SECTION 3A (3)

37
SECTION 15
  • SUBSTITUTE SECTION 19 OF THE PRINCIPAL ACT ON
    OFFENCES AND PENALTIES BY A NEW SECTION 19 THAT
    INCLUDES ALL THE CONVENTIONS
  • TO DELETE THE SPECIFIC FINE IN ORDER FOR THE
    PROVISIONS OF THE ADJUSTMENT OF FINES ACT OF 1991
    TO BE APPLICABLE

38
SECTION 16
  • SUBSTITUTE SCHEDULE 1 OF PRINCIPAL ACT WITH THE
    FULL TEXT OF THE VIENNA CONVENTION ON DIPLOMATIC
    RELATIONS OF 1961

39
SECTION 16
  • ARTICLES 2 - 21 WERE ADDED
  • establishment of diplomatic relations
  • functions of diplomatic missions
  • obtaining an agrement from receiving state
  • multiple accreditation
  • head of mission accredited to more than one state
  • appoint members of staff freely

40
SECTION 16
  • ARTICLES 2 - 21 WERE ADDED
  • members of staff from nationality of sending
    state nationals only appointed with approval
  • declaration of persona non grata
  • notification of appointment of staff
  • size of the mission kept within limits
  • establishment of offices in localities other than
    those in which the missions are

41
SECTION 16
  • ARTICLES 2 - 21 WERE ADDED
  • presentation of credentials
  • classes of heads of missions
  • class to which a head of mission is to be
    assigned to be agreed between states
  • precedence of heads of missions to be notified to
    the Ministry
  • reception of heads of missions to be uniform

42
SECTION 16
  • ARTICLES 2 - 21 WERE ADDED
  • vacancy of post of heads of mission - charge
    daffaires ad interim
  • right to use the flag and emblem
  • facilitation of acquisition of accommodation for
    offices

43
SECTION 16
  • ADD ARTICLES 25, 26, 42 - 53
  • accord facilities for performance of functions
  • subject to laws and regulations, freedom of
    movement and travel in territory
  • prohibition to work for personal profit
  • ending of functions of diplomat
  • evacuation assistance in cases of armed conflict
  • suspension of diplomatic relations

44
SECTION 16
  • ADD ARTICLES 25, 26, 42 - 53
  • temporary protection of interest of third state
    by sending state with the approval of receiving
    state
  • no discrimination in treatment of missions
  • end clauses
  • signature, ratification, accession and entry
    into force

45
SECTION 17
  • SUBSTITUTE SCHEDULE 2 OF THE PRINCIPAL ACT WITH
    THE FULL TEXT OF THE VIENNA CONVENTION ON
    CONSULAR RELATIONS OF 1963

46
SECTION 17
  • ADD ARTICLES 2,3, 4, 6-16
  • exercise of consular functions
  • establishment of consular post
  • consular functions
  • exercise consular functions outside district
  • exercise consular functions in a third state
  • exercise consular functions on behalf of third
    state

47
SECTION 17
  • ADD ARTICLES 2,3, 4, 6-16
  • classes of heads of consular posts
  • appointment and admission of heads of consular
    posts
  • consular commission or notification of
    appointment
  • the exequatur
  • provisional admission

48
SECTION 17
  • ADD ARTICLES 2,3, 4, 6 - 16,18-30
  • notification to authorities of appointments
  • exercise of functions in case of vacancy,etc
  • precedence between heads of consular posts
  • appointment of same person by more than one
    states
  • appointment of members of consular staff
  • size of consular staff

49
SECTION 17
  • ADD ARTICLES 21-30
  • precedence between officers of consular posts
  • nationality of consular officials
  • declaration of persona non grata
  • notification of appointments, arrivals, etc
  • termination of functions of member of post
  • evacuation assistance
  • suspension of consular relations/closure

50
SECTION 17
  • ADD ARTICLES 21-30, 34, 36-38
  • facilities for work of consular post
  • use of flag and coat-of-arms
  • facilitate acquisition of accommodation
  • freedom of movement
  • contact with nationals of sending state
  • information in cases of deaths, guardianship,etc
  • communication with authorities

51
SECTION 17
  • ADD ARTICLES 40, 42, 46, 47,59
  • protection of consular officials
  • notification of arrest, detention or prosecution
  • exemption from registration of aliens and
    residence permits
  • exemption from work permits
  • protection of consular premises (honorary
    consuls)

52
SECTION 17
  • ADD ARTICLES 63- 65, 68,69
  • criminal proceedings against honorary consul
  • protection of honorary consular officers
  • exemption from registration of aliens and
    residence permits
  • appointment and receiving of honorary consuls
    optional
  • consular agents not heads of consular posts

53
SECTION 17
  • ADD ARTICLES 72-79
  • non-discrimination between states
  • relationship with other conventions
  • final provisions
  • signature, ratification, accession, entry into
    force, etc

54
SECTIONS 18 AND 19
  • INSERTION OF SCHEDULES 2A AND 2B REFLECTING THE
    FULL TEXT OF THE CONVENTION ON THE PRIVILEGES AND
    IMMUNITIES OF THE UNITED NATIONS OF 1946 AND OF
    THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES
    OF THE SPECIALIZED AGENCIES OF 1947

55
IMMUNITIES AND PRIVILEGES OF UN AND SPECIALIZED
AGENCIES
  • Legal capacity to contract in South Africa
  • Property and assets immune from legal process
  • Property and assets are inviolable
  • Exemption from direct taxes, customs duties and
    prohibitions on imports and exports
  • Freedom of communication including the sending
    and receiving of communications

56
IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES OF
MEMBER STATES
  • Immunity from arrest or detention
  • Immunity from all legal process in respect of all
    official acts and words spoken or written
  • Immunity from seizure of their personal baggage
  • Inviolability of papers and documents
  • Facilities in respect of currency and exchange
    regulations that are accorded to diplomats
  • Other immunities that are accorded to diplomats
    but no exemption from customs duties or sales tax

57
IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES OF
MEMBER STATES
  • Member States have a duty to waive the immunity
    where this would impede the course of justice
  • Immunities do not apply to representatives of a
    Member State in their home States

58
IMMUNITIES AND PRIVILEGES OF OFFICIALS OF THE
ORGANISATIONS
  • Immunity from all legal process in respect of all
    official acts and words spoken or written
  • Tax exemptions in respect of their salaries
  • Facilities in respect of currency and exchange
    regulations that are accorded to diplomats
  • The same repatriation facilities in a time of
    crises that are accorded to diplomats
  • Customs exemption for the importation of
    household effects on first arrival

59
IMMUNITIES AND PRIVILEGES OF OFFICIALS OF THE
ORGANISATIONS
  • The Secretary General and Assistant Secretaries
    General and their families will be accorded full
    diplomatic immunities and privileges
  • The Secretary General has a duty to waive the
    immunity where this would impede the course of
    justice

60
IMMUNITIES AND PRIVILEGES OF EXPERTS OF THE
ORGANISATIONS
  • Immunity from arrest or detention
  • Immunity from all legal process in respect of all
    official acts and words spoken or written
  • Immunity from seizure of their personal baggage
  • Inviolability of papers and documents
  • Freedom to send and receive communications
  • Facilities in respect of currency and exchange
    regulations that are accorded to diplomats

61
IMMUNITIES AND PRIVILEGES OF EXPERTS OF THE
ORGANISATIONS
  • The Secretary General has a duty to waive the
    immunity where this would impede the course of
    justice

62
GENERAL PROVISIONS
  • UN LAISSEZ PASSER (UNLP)
  • Recognition as travel document
  • Expeditious issuing of visas to holders
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